As the Court explained at oral argument (October 17, 2014), if and when Defendants present this Court with a statute that provides some limitations on the carrying of handguns in public, rather than a total ban on such activity, the Court will then be required to determine whether to apply strict or intermediate scrutiny to those limitations in order to decide whether they passed constitutional muster under the appropriate level of scrutiny.

The case above has zero to do with the Second Amendment directly; but instead challenges the government's power to regulate via interpretive rulemaking in accordance with the Administrative Procedures Act. As such, the outcome has the potential to affect such issues as the current ATF 41P proposal, import of 922(r) items, straw purchase rules from Abramski, etc.

If she was smart she'd be focused on supporting Richards (Yolo County Calif.) and/or Baker (Hawaii) in some fashion, making sure one of those went en banc and overturned Peruta. Instead she's messing around with Peruta when she doesn't need to.

She's either a moron or a glory hog (PR chaser) of some sort...probably both.

She has no standing in the Baker case, since it does not involve California law. Further, Baker arose from the denial of a petition for preliminary injunction, rather than after a judgment on the merits, so it is extremely unlikely that en banc will be granted.

It's a good deal more complicated than that and is being discussed here.

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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

The appeal of Arie Friedman v. City of Highland Park was argued before a 7th Circuit panel yesterday. Friedman sued over Highland Park's "assault weapons" ban, which was modeled after and is nearly identical to Cook County's AWB.

I'm two minutes in and it is already a mess. Our side is arguing that a law from 1930 should be considered long-standing. Why didn't he go directly to the dangerous and unusual reasoning wherein bazookas might actually be outside of the second amendment protection?

He then goes on to practically stipulate that fully automatic weapons are illegal in most states, which is false.

Okay, he did better as it went along. I could not believe the female judge declaring that thumbhole stock enabled a person to "spray from the hip", and that a collapsible stock somehow made an AR 15 "concealable".

And would it be so difficult to get some kind of reliable number or range of numbers indicating the degree of commonality of these semi automatic rifles? That being a linchpin of the common use test, I would think that data would have been essential. Also, no mention of the microscopically tiny number of rifles of all types being used in homicides, let alone from "assault rifles".

@maestro pistolero - all of those things were covered in the appellate briefs. The actual hearing is very limited in time and I actually feel pretty good about this one. Easterbrook will be the swing vote, I think he went into the bazooka thing trying to set up a trap and the fish weren't biting. Easterbrokk did seem to accept that the banned weapons were "in common use".

Wilson, the Highland Park attorney, was just awful and basically had nothing but appeals to emotion.

The Highland park case could be extra interesting. If the supreme court takes it up, they'd better be careful with their wording if they uphold the Highland park bans. It could be interpreted as allowing local civic law to trump federal law if they are not careful. For that reason, I would think they will not likely side with the Chicago suburb government.

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